Rubin v. Sanford

Decision Date09 May 1967
Docket NumberNo. 66--464,66--464
PartiesSimon E. RUBIN et al., Appellants, v. Leonard SANFORD, Appellee.
CourtFlorida District Court of Appeals

Joseph Wanick, Miami Beach, for appellants.

Irving Cypen, Miami Beach, Sam Daniels, Miami, for appellee.

Before CHARLES CARROLL, BARKDULL and SWANN, JJ.

PER CURIAM.

The appellee and others were discharged as firemen by the City of Miami Beach. Thereafter, they were ordered reinstated by circuit court proceedings; affirmed in this court and certiorari denied by the Supreme Court of Florida. See: Rubin v. Sanford, Fla.App.1964, 168 So.2d 774; Rubin v. Shapiro, Fla.App.1965, 170 So.2d 460; Rubin v. Sanford, Fla.1965, 180 So.2d 331. The background of the removals is set forth in the opinion of this court, found in Rubin v. Sanford, supra. Following their reinstatement, the firemen moved to require the City to account to them for their entire pay during the period they were not working for the City. The City was ordered to make full restitution with no mitigation by taking into account the actual earnings of the appellee (and others similarly situated) during the disciplinary proceedings. The circuit court also proceeded to fix attorneys' fees for services rendered to the appellee before the Personnel Board and in the appellate proceedings. The Personnel Board has prosecuted this appeal, contending the trial court erred in not taking into account the earnings of the firemen in mitigation of the sums due them and in fixing attorneys' fees.

We reverse as to the mitigation upon the authority of Rubin v. Shapiro, Fla.App.1967, 198 So.2d 854 (opinion filed this day), and reverse as to the attorney's fees because of the following: No attorney's fees should have been allowed for services rendered at the first personnel hearing, as these fees (when the employee is successful) are awarded by the Board. 1 The trial court was not possessed of the jurisdiction to fix fees for appellate services. See: Anderson v. Anderson, Fla.App.1965, 180 So.2d 360; Howell v. Howell, Fla.App.1966, 183 So.2d 261. Counsel having failed to file a motion for fees before the appellate courts, in accordance with the rules of procedure, waive the right to appellate fees. See: Rule 3.16(e), Florida Rules of Civil Procedure, 31 F.S.A.; Ames v. Ames, Fla.App.1963, 153 So.2d 737; Poling v. City Bank & Trust Company of St. Petersburg, Fla.App.1966, 189 So.2d 176.

Therefore, the final order here under review is...

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6 cases
  • Rubin v. Sanford, s. 68-238--68-241
    • United States
    • Florida District Court of Appeals
    • 21 Enero 1969
    ...168 So.2d 774; Rubin v. Shapiro, Fla.App.1965, 170 So.2d 460; Rubin v. Shapiro, Fla.App.1967, 198 So.2d 854; Rubin v. Sanford, Fla.App.1967, 198 So.2d 856. Subsequent to mandates in the prior appeals, the respective courts awarded attorneys' fees to the appellees' counsel and these appeals ......
  • Sanford v. Rubin
    • United States
    • Florida Supreme Court
    • 1 Julio 1970
    ...employment against the salaries due the firemen. Rubin et al. v. Shapiro, 198 So.2d 854 (Fla.App.3rd, 1967); Rubin et al. v. Sanford, 198 So.2d 856 (Fla.App.3rd, 1967). In the latter opinion, the District Court on remand ordered the trial court to ascertain the amount of attorneys' fees to ......
  • H Greg Auto Pompano, Inc. v. Raskin
    • United States
    • Florida District Court of Appeals
    • 16 Diciembre 2020
    ...from the appellate court, a "trial court [is] not possessed of the jurisdiction to fix fees for appellate services." Rubin v. Sanford, 198 So. 2d 856, 857 (Fla. 3d DCA 1967) (citations omitted); see Louth v. Williams, 643 So. 2d 69, 70 (Fla. 2d DCA 1994) (where appellee sought attorney's fe......
  • Rubin v. Major, 67--515
    • United States
    • Florida District Court of Appeals
    • 23 Abril 1968
    ...Chapter 18696, Laws of Florida, Acts of 1937, as amended by Section 8, Chapter 27735, Laws of Florida, Acts of 1951.2 Cf. Rubin v. Sanford, Fla.App.1967, 198 So.2d 856. ...
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